Partition suit

naveen reddy (Querist) 10 December 2023 This query is : Resolved
I filed a PARTITION suit . Everything was ok other than 1 point on which i need clarification. I claim PARTITION has not taken place among my father and his 4 brothers but in my prayer i ask for 1/ 3rd share of 1/ 5th SHARE meaning a share in the 1 share of the 5 shares OF the SUIT SCHEDULE PROPERTY which my father recieved on PARTITION. 1/ 3rd share is me my brother and my father no PARTITION among us. Denying PARTITION and again asking share only in my fathers 1/ 5th share is it mutually destructive how can i overcome it. Thank you

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Quick Summary

This discussion addresses a query about a partition suit where the claimant denies a prior partition among siblings but then requests a specific share within their father's portion. The advice clarifies that the claimant will receive a share of their father's entitlement. The court will ensure the property is partitioned correctly and the claimant receives their due share if they are legally entitled.

kavksatyanarayana (Expert) 10 December 2023
You will get a share in your father's share. You have filed the partition suit and the decree will be issued. Wait till that time.

T. Kalaiselvan, Advocate (Expert) 11 December 2023
If you are entitled to a share out of yor father's share in the property then the ratio of share claimed by you is proper.
If the total property remains unpartitioned then the court will pass an order to partition the entire property and to allow you of your entitlement if at all you are entitle to one.

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